Endicott v. Illinois Department Of Corrections et al

Filing 10

MEMORANDUM Order signed by the Honorable Milton I. Shadur on 7/19/2017. Mailed notice (jh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
SCOTT ENDICOTT,
Plaintiff,
v.
ILLINOIS DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Case No. 17 C 3792

MEMORANDUM ORDER
On May 25, 2017 this Court entered an order designating District Court trial bar member
LeRoy Cross, Jr. as counsel to represent prisoner plaintiff Scott Endicott ("Endicott") in this
42 U.S.C. § 1983 action originally filed pro se by Endicott. This memorandum order will deal
with Endicott's obligation to pay the $350 filing fee in accordance with 28 U.S.C. § 1915
("Section 1915").
Endicott's In Forma Pauperis Application (the "Application"), which was received in the
Clerk's Office on June 7, 2017 but which calls for a Section 1915 calculation for the six months
ended May 31 under the "mailbox rule" prescribed by Houston v. Lack, 487 U.S. 266 (1988),
reflects an average monthly deposit (see Section 1915(b)(1)(A)) of $200.73, 20% of which (id.)
amounts to $40.14. Accordingly Endicott is assessed an initial partial filing fee of $40.14, and
the Menard Correctional Center ("Menard") trust fund officer is ordered to collect that amount
from Endicott's trust fund account there and to pay it directly to the Clerk of Court ("Clerk"):
Office of the Clerk
United States District Court
219 South Dearborn Street
Chicago IL 60604
Attention: Fiscal Department.

After such payment the trust fund officer at Menard (or at any other correctional facility
where Endicott may hereafter be confined) is authorized to collect monthly payments from his
trust fund account in an amount equal to 20% of the preceding month's income credited to the
account. Monthly payments collected from the trust fund account shall be forwarded to the
Clerk each time the amount in the account exceeds $10 until the full $350 filing fee is paid. Both
the initial payment and all future payments shall clearly identify Endicott's name and the
17 C 3792 case number assigned to this action. To implement these requirements, the Clerk
shall send a copy of this order to Menard's trust fund officer.

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Milton I. Shadur
Senior United States District Judge
Date: July 19, 2017

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